Inquest reveals more training needed for police officers

The 29-year-old died after losing consciousness during an altercation with New South Wales police at his home in Wellington on December 29, 2021.

With all the evidence from the coronial inquest into the death of Mr Rich being heard, Senior Counsel Jane Needham gave her findings to the state coroner on Wednesday, November 29.

With a number of findings, three of the biggest changes that need to be made, all relate to police training.

Senior Constable Kohlet told the court that when she said whose house they were going to, Senior Constable Bennett called Mr Rich a "grub".

State coroner Harriet Grahame asked if that word was "a common word for people known to police" and Senior Constable Kohlet said it was.

"Bit of a grub, in essence, means it's somebody who has been involved with drug-related or domestic incidents...it's just a common slang word others and I have used," Senior Constable Bennett said.

Senior Counsel Jane Needham submitted that the police calling Brandon Rich a "grub" was "entirely uncalled for" and was a comment that only had the potential to "stigmatise" Mr Rich before their arrival at the scene.

On the other hand, Mr Madden who was representing the police said the police term "grub" was "regrettable" but it was a way for police to convey that someone was known to police "quickly and efficiently".

"It doesn't show that it impacted what they [the officers] did on this day...there is no suggestion it had an impact on Senior Constable Kohlet," he said.

After some back and forth between Mr Rich and his grandmother, the police decided to take Mr Rich back to the Wellington station for the purpose of serving an Apprehended Violence Order (AVO) on him.

Senior Constable Kohlet said it "never occurred" to her to take Ms Rich back to the station to make a statement.

Senior Constable Bennett told the court that it was best policy that Mr Rich be brought to the station to "ensure the safety" of the protected person and "mitigate" any retribution towards Ms Rich.

"Taking Denise to the station wasn't appropriate and I did not consider it to be an option," he said.

Ms Needham SC said there were many other options available to the police officers, including taking Denise Rich to the police station, encouraging Brandon to go himself, allowing Ms Rich to take him or going to a different location to speak with Mr Rich.

"We heard that neither officer considered these to be realistic options on the ground," she said.

"We heard Brandon wanted to go with his grandmother and this was likely because he was confused and scared at what would happen next.

"None of the options were preferable...and it was reasonable to be worried about what he [Brandon] would do once he was in the house."

Ms Needham SC submitted it was reasonable and appropriate to detain Mr Rich to take him to the station but there was room for a "more effective approach".

Neither officer had body worn cameras strapped to their chests, with Senior Constable Kohlet telling the court she didn't think any of the cameras were working.

But, it was later found there were three functioning cameras at the Wellington station.

Senior Constable Bennett also didn't check because he hadn't done the relevant training, he told the court.

Despite clear policy, the evidence makes it clear that Senior Constables Lindsey Kohlet and Stephen Bennett did not comply and wear a body worn camera or taser.

Ms Needham SC said it was Senior Constable Kohlet's failure not checking for any working body cameras at Wellington Police Station.

"Both officers agreed they should've used a camera," she said.

"It is unlikely there would have been a different outcome had they been wearing a camera."

Both officers also weren't wearing tasers but Ms Needham SC said there was no guarantee wearing them would have seen a different outcome.

"It was likely just complacency," she said.

State Coroner Harriet Grahame, will now take all the evidence and put together her findings and recommendations.

These will be read out at a later date in March, 2024.